BILL NUMBER: SB 533	CHAPTERED  10/10/99

	CHAPTER   1008
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   AUGUST 23, 1999
	AMENDED IN ASSEMBLY   JULY 7, 1999
	AMENDED IN ASSEMBLY   JUNE 14, 1999
	AMENDED IN SENATE   APRIL 29, 1999

INTRODUCED BY   Committee on Transportation (Senators Karnette
(Chair), Dunn, Figueroa, Kelley, Monteith, Polanco, and Rainey)
   (Coauthors:  Senators Costa and Murray)

                        FEBRUARY 19, 1999

   An act to amend Sections 465, 666, 2503, 12800.7, 12811, 12815,
13000, 13003, 22110, 34501.5, 34501.12, 34601, 38010, 38246, 40802,
and 41501 of, and to repeal Sections 13551.1, 14908, and 15310 of,
the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 533, Committee on Transportation.  Vehicles.
   (1) Existing law defines a passenger vehicle as any motor vehicle,
other than a motortruck or truck tractor, designed for carrying not
more than 10 persons including the driver, and used or maintained for
the transportation of persons.
   This bill would revise that provision to also exclude from the
definition of passenger vehicle any bus, as defined under existing
law.
   (2) For purposes of the Vehicle Code, existing law defines a
"utility trailer" as any trailer or semitrailer used solely for the
transportation of the user's personal property and that does not
exceed a gross weight of 6,000 pounds.  In addition, existing law
specifies that notwithstanding any other provision of law, a "utility
trailer" includes any trailer or semitrailer designed and used for
the transportation of equine, not on a for-hire basis, that does not
exceed a gross weight of 10,000 pounds.
   This bill, instead, would define a "utility trailer," for the
purposes of the Vehicle Code, as any trailer or semitrailer used
solely for the transportation of the user's personal property and
that does not exceed a gross weight of 10,000 pounds.
   (3) Existing law specifies that certain licenses issued by the
Commissioner of the California Highway Patrol shall not be
transferable and that any change in ownership or control of the
licensed activity shall require a new license.
   This bill instead would specify that licenses issued by the
commissioner shall not be transferable and that a change in ownership
or control of the licensed activity shall render the existing
license null and void and that a new license shall be required.  The
bill also, for these purposes, would list specified instances that do
not include a change of ownership or control.
   (4) Existing law requires, among other things, that the name of
the licensee be contained in the identifying information listed on a
lawfully issued driver's license.
   This bill would specify that the name listed on the driver's
license be the true full name of the licensee.
   (5) Existing law authorizes the department to issue an
identification card to a person attesting to, among other things, his
or her true name.
   This bill would specify that the person must attest to his or her
true full name in order to receive an identification card.
   (6) Existing law provides for the replacement of identification
cards under certain circumstances that include the acquiring of a new
name.
   This bill would specify that a new true full name must be acquired
in order to qualify for a new identification card.
   (7) Existing law requires every notice of suspension or revocation
of a driver's license to include a demand to surrender to the
Department of Motor Vehicles, within 15 days of the effective date of
the suspension or revocation, of all driver's licenses held by that
person.  Existing law also requires the notice to state the
reinstatement penalty fees required in the event the person is
eligible for future reinstatement.
   This bill would repeal these provisions.
   (8) Existing law specifies that if a person fails to surrender his
or her license to operate a motor vehicle to the Department of Motor
Vehicles, as specified, the department shall set and charge a
license reinstatement penalty fee in addition to any other specified
fees that may be required.
   This bill would repeal these provisions.
   (9) Existing law authorizes the department to take action
regarding the commercial driving privilege of any person when
appropriate pursuant to a specified section of the Welfare and
Institutions Code concerning child and family support orders.
   This bill would repeal these provisions.
   (10) Existing law specifies that signals required by specified
provisions of the Vehicle Code shall be given either by means of the
hand and arm or by a signal lamp, except as provided.
   This bill instead would provide that these signals shall be given
by signal lamp, unless a vehicle is not required to be and is not
equipped with turn signals, in which case the signal shall be given
by hand and arm.  In addition, the bill would specify that in the
event the signal lamps become inoperable while driving, hand and arm
signals shall be used in the manner required by the Vehicle Code.
   (11) Existing law requires the Commissioner of the California
Highway Patrol to appoint a committee of 9 members to act in an
advisory capacity when developing and adopting regulations affecting
schoolbuses and schoolbus operations.
   This bill would add 2 members to that advisory committee, as
prescribed.
   (12) Existing law requires a truck terminal operator, after
achieving 2 consecutive satisfactory ratings during Biennial
Inspection of Terminals (BIT) program inspections, to be awarded an
appropriate certificate, denoting the number of consecutive
satisfactory ratings, and provides for an administrative review in
lieu of the next required inspection, unless the terminal has
received an unsatisfactory compliance rating as a result of any
inspection conducted in the interim between consecutive inspections,
as specified.
   This bill would apply these provisions to motor carrier terminals,
rather than to truck terminal operators.  In addition, the bill
would authorize the administrative review in lieu of the
next-required inspection, as provided above, unless the motor carrier
is rated unsatisfactory by the Department of the California Highway
Patrol following a controlled substances and alcohol testing program
inspection.  The bill also would make technical, nonsubstantive
changes to outdated references.
   (13) For purposes of the Vehicle Code, existing law specifies that
a "commercial motor vehicle" does not include vehicles operated by
household goods carriers, as specified, or pickup trucks, as
specified, and 2-axle daily rental trucks with gross vehicle weight
ratings less than 26,001 pounds when operated in noncommercial use.
   This bill would add to this list of vehicles, that are not
commercial motor vehicles, a motor truck or 2-axle truck tractor,
with a gross vehicle weight rating of less than 26,001 pounds, used
solely to tow a camp trailer, trailer coach, 5th-wheel travel
trailer, or utility trailer.  The bill also would specify that these
vehicle combinations are not subject to specified provisions of the
Vehicle Code relating to signs, motor carrier inspections, and
carrier identification number requirements.
   (14) Under existing law, a court may order a continuance of a
proceeding against a person who receives a notice to appear in court
for a violation of any statute relating to the safe operation of a
vehicle in consideration for attending a licensed school for traffic
violations, a licensed driving school or any other court-approved
program of driving instruction, and, after that attendance, the court
may dismiss the complaint if, among other things, the offense is not
alleged to have occurred within 12 months of another offense that
was dismissed under the same provisions.
   This bill instead would change this latter provision to specify
that the offense is not alleged to have occurred within 18, rather
than 12, months of another offense that was dismissed under the same
provisions.
   (15) The bill would incorporate additional changes in Section
34601 of the Vehicle Code proposed by AB 1658, to become operative
only if both bills are enacted and become operative on or before
January 1, 2000, and this bill is enacted after AB 1658.
   (16) This bill also would make technical, clarifying changes in
existing law.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 465 of the Vehicle Code is amended to read:
   465.  A "passenger vehicle" is any motor vehicle, other than a
motortruck, truck tractor, or a bus, as defined in Section 233, and
used or maintained for the transportation of persons.  The term
"passenger vehicle" shall include a housecar.
  SEC. 2.  Section 666 of the Vehicle Code is amended to read:
   666.  A "utility trailer" is any trailer or semitrailer used
solely for the transportation of the user's personal property and
that does not exceed a gross weight of 10,000 pounds.
  SEC. 3.  Section 2503 of the Vehicle Code is amended to read:
   2503.  (a) Licenses issued by the commissioner shall not be
transferable.  A change in ownership or control of the licensed
activity shall render the existing license null and void and a new
license shall be required. A change in ownership or control includes,
but is not limited to, a change in corporate status, or a stock
transfer of shares possessing more than 50 percent of the voting
power of the corporation.  A change in ownership or control does not
include the addition or deletion of partners, officers, directors, or
board members comprising 50 percent or less ownership or control of
the licensed activity if both of the following are complied with:
   (1) The new partners, officers, directors, or board members have
not committed any acts described in Section 2541.
   (2) An amended license application form indicating the changes and
any other information required pursuant to subdivision (d) of
Section 2502 is submitted to the commissioner within 10 days of the
change.
   (b) In the event of a change of name, not involving a change of
ownership or control, the license shall be returned to the
commissioner for cancellation, and a new license application form
shall be submitted.  The commissioner shall cancel the returned
license and issue a new license for the unexpired term without a fee.

   (c) In the event of loss, destruction, or mutilation of a license
issued by the commissioner, the person to whom it was issued may
obtain a duplicate upon paying a fee of five dollars ($5).  Any
person who loses a license issued by the commissioner and who, after
obtaining a duplicate, finds the original license, shall immediately
surrender the original license to the commissioner.
   (d) Any change of address or relocation of a licensed service
shall be reported to the commissioner within 10 days.
  SEC. 4.  Section 12800.7 of the Vehicle Code is amended to read:
   12800.7.  Upon application for an original or duplicate license
the department may require the applicant to produce any
identification that it determines is necessary in order to ensure
that the name of the applicant stated in the application is his or
her true, full name and that his or her residence address as set
forth in the application is his or her true residence address.
  SEC. 5.  Section 12811 of the Vehicle Code is amended to read:
   12811.  (a) (1) When the department determines that the applicant
is lawfully entitled to a license, it shall issue to the person a
driver's license as applied for.  The license shall state the class
of license for which the licensee has qualified and shall contain the
distinguishing number assigned to the applicant, the date of
expiration, the true full name, age, and mailing address of the
licensee, a brief description and engraved picture or photograph of
the licensee for the purpose of identification, and space for the
signature of the licensee.
   Each license shall also contain a space for the endorsement of a
record of each suspension or revocation thereof.
   The department shall use whatever process or processes, in the
issuance of engraved or colored licenses, that prohibit, as near as
possible, the ability to alter or reproduce the license, or prohibit
the ability to superimpose a picture or photograph on the license
without ready detection.
   (2) In addition to the requirements of paragraph (1), a license
issued to a person under 18 years of age shall display the words
"provisional until age 18."
   (b) The department shall provide a form that, when completed, may
be carried with the license, by which the licensee may indicate his
or her willingness and intent to make an anatomical gift, including
the gift of a pacemaker, or his or her refusal to make an anatomical
gift pursuant to Section 7150.5 of the Health and Safety Code, and,
if applicable, the date that a pacemaker was implanted.  The form
shall be designed to obtain information sufficient to identify the
nature of the anatomical gift and shall include, but not be limited
to, all of the following:
   (1) A space for the signature of the potential donor.
   (2) A space for the signature of one or more witnesses, which
should include the spouse, parent, or adult child of the donor or any
other next of kin.
   (3) A statement sufficient in its terms to meet the requirements
of the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with
Section 7150) of Part 1 of Division 7 of the Health and Safety Code).

   (4) A space for the donor to indicate whether the donor desires to
donate tissues or organs, or both, or the donor's entire body for
the purpose of transplantation or medical research, or both.
   (5) Text informing the donor that the form is a legally binding
document, which shall remain binding after death despite any
expressed desires of next of kin opposed to the donation.
   (6) Text requiring the donor to discuss the decision to donate
with family, friends, or any other person who might be directly
affected by the donation, particularly those next of kin who might
object to the decision and a space for the donor's initials to
acknowledge that it is the donor's responsibility to comply with this
requirement.
   (7) Text informing the donor that rescission of the decision to
donate shall require the completion of a new form and the removal of
the sticker described in Section 1672.5 from the driver's license or
identification card.
   (c) (1) The statement required under paragraph (3) of subdivision
(b) shall not be deemed to be effective unless both of the following
conditions have been met:
   (A) The statement is signed by the licensee.
   (B) The licensee is 18 years of age or older at the time of
signing.
   (2) If the licensee cannot sign, the statement may be signed for
the licensee, at his or her direction and in his or her presence, in
the presence of two witnesses who shall sign the statement in his or
her presence.
   (d) The department shall present the form provided under
subdivision (b), and explain its use, to each applicant for a license
or license renewal.
   (e) The anatomical gift shall become effective upon the death of
the licensee.
   (f) No public entity or employee is liable for any loss,
detriment, or injury resulting directly or indirectly from false or
inaccurate information contained in the form provided pursuant to
subdivision (b).
   (g) No contract may be let to any nongovernmental entity for the
processing of driver's licenses, unless the department receives two
or more qualified bids from independent, responsible bidders.
   (h) This section shall become operative on the date determined
under subdivision (a) of Section 1672.3.
  SEC. 6.  Section 12815 of the Vehicle Code is amended to read:
   12815.  (a) If a driver's license issued under this code is lost,
destroyed or mutilated, or a new true, full name is acquired, the
person to whom it was issued shall obtain a duplicate upon furnishing
to the department (a) satisfactory proof of that loss, destruction,
or mutilation and (b) if the licensee is a minor, evidence of
permission to obtain a duplicate secured from the parents, guardian
or person having custody of the minor.  Any person who loses a driver'
s license and who, after obtaining a duplicate, finds the original
license shall immediately destroy the original license.
   (b) A person in possession of a valid driver's license who has
been informed either by the department or by a law enforcement agency
that the document is mutilated shall surrender the license to the
department not later than 10 days after that notification.
   (c) For purposes of this section, a mutilated license is one that
has been damaged sufficiently to render any or all of the elements of
identity set forth in Sections 12800.5 and 12811 unreadable or
unidentifiable through visual, mechanical, or electronic means.
  SEC. 7.  Section 13000 of the Vehicle Code is amended to read:
   13000.  (a) The department may issue an identification card to any
person attesting to the true full name, correct age, and other
identifying data as certified by the applicant for such
identification card.
   (b) Any person 62 years of age or older may apply for, and the
department upon receipt of a proper application therefor shall issue,
an identification card bearing the notation "Senior Citizen".
   (c) Every application for an identification card shall be signed
and verified by the applicant before a person authorized to
administer oaths and shall be supported by bona fide documentary
evidence of the age and identity of the applicant as the department
may require, and shall include a legible print of the thumb or finger
of the applicant.
   (d) Any person 62 years of age or older, and any other qualified
person, may apply for, or possess, an identification card under the
provisions of either subdivision (a) or (b), but not under both of
those provisions.
  SEC. 8.  Section 13003 of the Vehicle Code is amended to read:
   13003.  (a) If an identification card issued under this code is
lost, destroyed, mutilated, or a new true full name is acquired, the
person to whom it was issued shall make application for an original
identification card as specified in Section 13000.  The fee provided
in Section 14902 shall be paid to the department upon application for
the card.  Every identification card issued pursuant to this section
shall expire as provided in Section 13002 and shall be deemed an
original identification card for that purpose.
   (b) A person in possession of a valid identification card who has
been informed either by the department or by a law enforcement agency
that the document is mutilated shall surrender the identification
card to the department not later than 10 days after that
notification.
   (c) For purposes of this section a mutilated identification card
is one that has been damaged sufficiently to render any or all of the
elements of identity set forth in Sections 13005 and 13005.5
unreadable or unidentifiable through visual, mechanical, or
electronic means.
  SEC. 9.  Section 13551.1 of the Vehicle Code is repealed.
  SEC. 10.  Section 14908 of the Vehicle Code is repealed.
  SEC. 11.  Section 15310 of the Vehicle Code is repealed.
  SEC. 12.  Section 22110 of the Vehicle Code is amended to read:
   22110.  (a) The signals required by this chapter shall be given by
signal lamp, unless a vehicle is not required to be and is not
equipped with turn signals.  Drivers of vehicles not required to be
and not equipped with turn signals shall give a hand and arm signal
when required by this chapter.
   (b) In the event the signal lamps become inoperable while driving,
hand and arm signals shall be used in the manner required in this
chapter.
  SEC. 13.  Section 34501.5 of the Vehicle Code is amended to read:
   34501.5.  (a) The Department of the California Highway Patrol
shall adopt reasonable rules and regulations which, in the judgment
of the department, are designed to promote the safe operation of
vehicles described in Sections 38045 and 82321 of the Education Code
and Sections 545 and 34500 of this code.  The Commissioner of the
California Highway Patrol shall appoint a committee of 11 members to
act in an advisory capacity when developing and adopting regulations
affecting school pupil transportation buses and school pupil
transportation operations.  The advisory committee shall consist of
11 members appointed as follows:
   (1) One member of the State Department of Education.
   (2) One member of the Department of Motor Vehicles.
   (3) One member of the Department of the California Highway Patrol.

   (4) One member who is employed as a schoolbus driver.
   (5) One member of the Office of Traffic Safety in the Business,
Transportation and Housing Agency.
   (6) Two members who are schoolbus contractors, one of whom shall
be from an urban area of the state and one of whom shall be from a
rural area of the state, as determined by the department.
   (7) Two members who are representatives of school districts, one
of whom shall be from an urban area of the state and one of whom
shall be from a rural area of the state, as determined by the
department.
   (8) One professionally licensed member of the American Academy of
Pediatrics.
   (9) One member representing school pupil transportation operations
other than schoolbus operations.
   (b) The department shall cooperate and confer with the advisory
committee appointed pursuant to this section prior to adopting rules
or regulations affecting school pupil transportation buses and school
pupil transportation operations.
  SEC. 14.  Section 34501.12 of the Vehicle Code is amended to read:

   34501.12.  (a) Notwithstanding Section 408, as used in this
section and Sections 34505.5 and 34505.6, "motor carrier" means the
registered owner of any vehicle described in subdivision (a), (b),
(e), (f), or (g) of Section 34500, except in the following
circumstances:
   (1) The registered owner leases the vehicle to another person for
a term of more than four months.  If the lease is for more than four
months, the lessee is the motor carrier.
   (2) The registered owner operates the vehicle exclusively under
the authority and direction of another person.  If the operation is
exclusively under the authority and direction of another person, that
other person may assume the responsibilities as the motor carrier.
If not so assumed, the registered owner is the motor carrier.  A
person who assumes the motor carrier responsibilities of another
pursuant to subdivision (b) shall provide to that other person whose
motor carrier responsibility is so assumed, a completed copy of a
department form documenting that assumption, stating the period for
which responsibility is assumed, and signed by an agent of the
assuming person.  A legible copy shall be carried in each vehicle or
combination of vehicles operated on the highway during the period for
which responsibility is assumed.  That copy shall be presented upon
request by any authorized employee of the department.  The original
completed departmental form documenting the assumption shall be
provided to the department within 30 days of the assumption.  If the
assumption of responsibility is terminated, the person who had
assumed responsibility shall so notify the department in writing
within 30 days of the termination.
   (b) (1) A motor carrier may combine two or more terminals for
purposes of the inspection required by subdivision (d) subject to all
of the following conditions:
   (A) The carrier identifies to the department, in writing, each
terminal proposed to be included in the combination of terminals for
purposes of this subdivision prior to an inspection of the designated
terminal pursuant to subdivision (d).
   (B) The carrier provides the department, prior to the inspection
of the designated terminal pursuant to subdivision (d), a written
listing of all its vehicles of a type subject to subdivision (a),
(b), (e), (f), or (g) of Section 34500 that are based at each of the
terminals combined for purposes of this subdivision.  The listing
shall specify the number of vehicles of each type at each terminal.
   (C) The carrier provides to the department at the designated
terminal during the inspection all maintenance records and driver
records and a representative sample of vehicles based at each of the
terminals included within the combination of terminals.
   (2) If the carrier fails to provide the maintenance records,
driver records, and representative sample of vehicles pursuant to
subparagraph (C) of paragraph (1), the department shall assign the
carrier an unsatisfactory terminal rating and require a reinspection
to be conducted pursuant to subdivision (h).
   (3) For purposes of this subdivision, the following terms have the
meanings given:
   (A) "Driver records" includes pull notice system records, driver
proficiency records, and driver timekeeping records.
   (B) "Maintenance records" includes all required maintenance,
lubrication, and repair records and drivers' daily vehicle condition
reports.
   (C) "Representative sample" means the following, applied
separately to the carrier's fleet of motortrucks and truck tractors
and its fleet of trailers:


                                  Representative
   Fleet Size                         Sample
     1 or 2                             All
     3 to 8                              3
     9 to 15                             4
    16 to 25                             6
    26 to 50                             9
    51 to 90                            14
    91 or more                          20

   (c) Each motor carrier who, in this state, directs the operation
of, or maintains, any vehicle of a type described in subdivision (a)
shall designate one or more terminals, as defined in Section 34515,
in this state where vehicles can be inspected by the department
pursuant to paragraph (4) of subdivision (a) of Section 34501 and
where vehicle inspection and maintenance records and driver records
will be made available for inspection.
   (d) The department shall inspect, at least every 25 months, every
terminal, as defined in Section 34515, of any motor carrier who, at
any time, operates any vehicle described in subdivision (a).
   As used in this section and in Sections 34505.5 and 34505.6,
subdivision (f) of Section 34500 includes only those combinations
where the gross vehicle weight rating (GVWR) of the towing vehicle
exceeds 10,000 pounds, but does not include a pickup truck, and
subdivision (g) of Section 34500 includes only those vehicles
transporting hazardous material for which the display of placards is
required pursuant to Section 27903, a license is required pursuant to
Section 32000.5, or for which hazardous waste transporter
registration is required pursuant to Section 25163 of the Health and
Safety Code.  Historical vehicles, as described in Section 5004,
vehicles that display special identification plates in accordance
with Section 5011, implements of husbandry and farm vehicles, as
defined in Chapter 1 (commencing with Section 36000) of Division 16,
and vehicles owned or operated by an agency of the federal government
are not subject to this section or to Sections 34505.5 and 34505.6.

   (e) (1) It is the responsibility of the motor carrier to schedule
with the department the inspection required by subdivision (d).  The
motor carrier shall submit an application form supplied by the
department, accompanied by the required fee.  The fee, which is
nonrefundable, is four hundred dollars ($400) per terminal, except in
the case of an owner-operator, or a nonregulated motor carrier who
owns, leases, or otherwise operates not more than one heavy power
unit and not more than three towed vehicles described in subdivision
(a), (b), (e), (f), or (g) of Section 34500, for which the fee shall
be one hundred dollars ($100).  Federal, state, and local public
entities are exempt from the fee requirements of this section.
   (2) Except as provided in paragraph (4), the inspection term for
each inspected terminal of a motor carrier shall expire 25 months
from the date the terminal receives a satisfactory compliance rating,
as specified in subdivision (h).  Applications and fees for
subsequent inspections shall be submitted not earlier than nine
months and not later than seven months before the expiration of the
motor carrier's then current inspection term.  If the motor carrier
has submitted the inspection application and the required
accompanying fees, but the department is unable to complete the
inspection within the 25-month inspection period, then no additional
fee shall be required for the inspection requested in the original
application.
   (3) All fees collected pursuant to this subdivision shall be
deposited in the Motor Vehicle Account in the State Transportation
Fund.  An amount equal to the fees collected shall be available for
appropriation by the Legislature from the Motor Vehicle Account to
the department for the purpose of conducting truck terminal
inspections and for the additional roadside safety inspections
required by Section 34514.
   (4) To avoid the scheduling of a renewal terminal inspection
pursuant to this section during a carrier's seasonal peak business
periods, the current inspection term of a terminal that has paid all
required fees and has been rated satisfactory in its last inspection
may be reduced by not more than nine months if a written request is
submitted by the carrier to the department at least four months prior
to the desired inspection month, or at the time of payment of
renewal inspection fees in compliance with paragraph (2), whichever
date is earlier.  A motor carrier may request this adjustment of the
inspection term during any inspection cycle.  A request made pursuant
to this paragraph shall not result in a fee proration and does not
relieve the carrier from the requirements of paragraph (2).
   (f) It is unlawful for a motor carrier to operate any vehicle
subject to this section without having submitted an inspection
application and the required fees to the department as required by
subdivision (e) or (h).
   (g) It is unlawful for any motor carrier to operate any vehicle
subject to this section after submitting an inspection application to
the department, without the inspection described in subdivision (d)
having been performed and a safety compliance report having been
issued to the motor carrier within the 25-month inspection period or
within 60 days immediately preceding the inspection period.
   (h) (1) Any inspected terminal that receives an unsatisfactory
compliance rating shall be reinspected within 120 days after the
issuance of the unsatisfactory compliance rating.
   (2) A terminal's first required reinspection under this
subdivision shall be without charge unless one or more of the
following is established:
   (A) The motor carrier's operation presented an imminent danger to
public safety.
   (B) The motor carrier was not in compliance with the requirement
to enroll all drivers in the pull notice program pursuant to Section
1808.1.
   (C) The motor carrier failed to provide all required records and
vehicles for a consolidated inspection pursuant to subdivision (b).
   (3) If the unsatisfactory rating was assigned for any of the
reasons set forth in paragraph (2), the carrier shall submit the
required fee as provided in paragraph (4).
   (4) Applications for reinspection pursuant to paragraph (3) or for
second and subsequent consecutive reinspections under this
subdivision shall be accompanied by the fee specified in paragraph
(1) of subdivision (e) and shall be filed within 60 days of issuance
of the unsatisfactory compliance rating.  The reinspection fee is
nonrefundable.
   (5) When a motor carrier's Motor Carrier of Property Permit or
Public Utilities Commission operating authority is suspended as a
result of an unsatisfactory compliance rating, the department shall
conduct no reinspection until requested to do so by the Department of
Motor Vehicles or the Public Utilities Commission, as appropriate.
   (i) It is the intent of the Legislature that the department make
its best efforts to inspect terminals within the resources provided.
In the interest of the state, the Commissioner of the California
Highway Patrol may extend for a period not to exceed six months the
inspection terms beginning prior to July 1, 1990.
   (j) To encourage motor carriers to attain continuous satisfactory
compliance ratings, the department may establish and implement an
incentive program consisting of the following:
   (1) After the second consecutive satisfactory compliance rating
assigned to a motor carrier terminal as a result of an inspection
conducted pursuant to subdivision (d), and after each consecutive
satisfactory compliance rating thereafter, an appropriate
certificate, denoting the number of consecutive satisfactory ratings,
shall be awarded to the terminal, unless the terminal has received
an unsatisfactory compliance rating as a result of any inspection
conducted in the interim between the consecutive inspections
conducted under subdivision (d), or the motor carrier is rated
unsatisfactory by the department following a controlled substances
and alcohol testing program inspection.  The certificate authorized
under this paragraph shall not be awarded for performance in the
administrative review authorized under paragraph (2).  However, the
certificate shall include a reference to any administrative reviews
conducted during the period of consecutive satisfactory ratings.
   (2) Unless the department's evaluation of the motor carrier's
safety record indicates a declining level of compliance, a terminal
that has attained two consecutive satisfactory compliance ratings
assigned following inspections conducted pursuant to subdivision (d)
is eligible for an administrative review in lieu of the next required
inspection, unless the terminal has received an unsatisfactory
compliance rating as a result of any inspection conducted in the
interim between the consecutive inspections conducted under
subdivision (d).  An administrative review shall consist of all of
the following:
   (A) A signed request by a terminal management representative
requesting the administrative review in lieu of the required
inspection containing a promise to continue to maintain a
satisfactory level of compliance for the next 25-month inspection
term.
   (B) A review with a terminal management representative of the
carrier's record as contained in the department's files.  If a
terminal has been authorized a second consecutive administrative
review, the review required under this subparagraph is optional, and
may be omitted at the carrier's request.
   (C) Absent any cogent reasons to the contrary, upon completion of
the requirements of subparagraphs (A) and (B), the safety compliance
rating assigned during the last required inspection shall be extended
for 25 months.
   (3) Not more than two administrative reviews may be conducted
consecutively.  At the completion of the 25-month inspection term
                                              following a second
administrative review, a terminal inspection shall be conducted
pursuant to subdivision (d).  If this inspection results in a
satisfactory compliance rating, the terminal shall again be eligible
for an administrative review in lieu of the next required inspection.
  If the succession of satisfactory ratings is interrupted by any
rating of other than satisfactory, irrespective of the reason for the
inspection, the terminal shall again attain two consecutive
satisfactory ratings to become eligible for an administrative review.

   (4) As a condition for receiving the administrative reviews
authorized under this subdivision in lieu of inspections, and in
order to ensure that compliance levels remain satisfactory, the motor
carrier shall agree to accept random, unannounced inspections by the
department.
  SEC. 15.  Section 34601 of the Vehicle Code is amended to read:
   34601.  (a) As used in this division, "motor carrier of property"
means any person who operates any commercial motor vehicle as defined
in subdivision (c). "Motor carrier of property" does not include
household goods carriers, as defined in Section 5109 of the Public
Utilities Code, persons providing only transportation of passengers,
or a passenger stage corporation transporting baggage and express
upon a passenger vehicle incidental to the transportation of
passengers.
   (b) As used in this division, "for-hire motor carrier or property"
means a motor carrier of property as defined in subdivision (a) who
transports property for compensation.
   (c) (1) As used in this division, except as provided in paragraph
(2), "commercial motor vehicle" means any self-propelled vehicle
listed in subdivisions (a), (b), (f), (g), and (k) of Section 34500,
any motor truck of two or more axles that is more than 10,000 pounds
gross vehicle weight rating, and any other motor vehicle used to
transport property for compensation.
   (2) "Commercial motor vehicle" does not include vehicles operated
by household goods carriers, as defined in Section 5109 of the Public
Utilities Code, pickup trucks as defined in Section 471, two-axle
daily rental trucks with gross vehicle weight ratings less than
26,001 pounds when operated in noncommercial use, or a motor truck or
two-axle truck tractor, with a gross vehicle weight rating of less
than 26,001 pounds, used solely to tow a camp trailer, trailer coach,
fifth-wheel travel trailer, or utility trailer.  Vehicle
combinations described in this paragraph are not subject to Sections
27900, 34501.12, and 34507.5.
   (d) For purposes of this chapter, "private carrier" means a motor
carrier of property, as defined in subdivision (a), who does not
transport any goods or property for compensation.
  SEC. 15.5.  Section 34601 of the Vehicle Code is amended to read:
   34601.  (a) As used in this division, "motor carrier of property"
means any person who operates any commercial motor vehicle as defined
in subdivision (c). "Motor carrier of property" does not include a
household goods carrier, as defined in Section 5109 of the Public
Utilities Code, a household goods carrier transporting used office,
store, and institution furniture and fixtures under its household
goods carrier permit pursuant to Section 5137 of the Public Utilities
Code, persons providing only transportation of passengers, or a
passenger stage corporation transporting baggage and express upon a
passenger vehicle incidental to the transportation of passengers.
   (b) As used in this division, "for-hire motor carrier or property"
means a motor carrier of property as defined in subdivision (a) who
transports property for compensation.
   (c) (1) As used in this division, except as provided in paragraph
(2), a "commercial motor vehicle" means any self-propelled vehicle
listed in subdivisions (a), (b), (f), (g), and (k) of Section 34500,
any motor truck of two or more axles that is more than 10,000 pounds
gross vehicle weight rating, and any other motor vehicle used to
transport property for compensation.
   (2) "Commercial motor vehicle" does not include vehicles operated
by household goods carriers, as defined in Section 5109 of the Public
Utilities Code, vehicles operated by a household goods carrier to
transport used office, store, and institution furniture and fixtures
under its household goods carrier permit pursuant to Section 5137 of
the Public Utilities Code, or pickup trucks as defined in Section
471, two-axle daily rental trucks with gross vehicle weight ratings
less than 26,001 pounds when operated in noncommercial use or a motor
truck or two-axle truck tractor, with a gross vehicle weight rating
of less than 26,001 pounds, used solely to tow a camp trailer,
trailer coach, fifth-wheel travel trailer, or utility trailer.
Vehicle combinations described in this paragraph are not subject to
Sections 27900, 34501.12, and 34507.5.
   (d) For purposes of this chapter, "private carrier" means a motor
carrier of property, as defined in subdivision (a), who does not
transport any goods or property for compensation.
  SEC. 16.  Section 38010 of the Vehicle Code is amended to read:
   38010.  (a) Except as otherwise provided in subdivision (b), every
motor vehicle specified in Section 38012 that is not registered
under this code because it is to be operated or used exclusively off
the highways, except as provided in this division, shall be issued
and display an identification plate or device issued by the
department.
   (b) Subdivision (a) does not apply to any of the following:
   (1) Motor vehicles specifically exempted from registration under
this code, including, but not limited to, motor vehicles exempted
pursuant to Sections 4006, 4010, 4012, 4013, 4015, 4018, and 4019.
   (2) Implements of husbandry.
   (3) Motor vehicles owned by the state, or any county, city,
district, or political subdivision of the state, or the United
States.
   (4) Motor vehicles owned or operated by, or operated under
contract with a utility, whether privately or publicly owned, when
used as specified in Section 22512.
   (5) Special construction equipment described in Section 565,
regardless of whether those motor vehicles are used in connection
with highway or railroad work.
   (6) A motor vehicle with a currently valid special permit issued
under Section 38087.5 that is owned or operated by a nonresident of
this state and the vehicle is not identified or registered in a
foreign jurisdiction.  For the purposes of this paragraph, a person
who holds a valid driver's license issued by a foreign jurisdiction
is presumed to be a nonresident.
   (7) Commercial vehicles weighing more than 6,000 pounds unladen.
   (8) Any motorcycle manufactured in the year 1942 or prior.
   (9) Four-wheeled motor vehicles operated solely in organized
racing or competitive events upon a closed course when those events
are conducted under the auspices of a recognized sanctioning body or
by permit issued by the local governmental authority having
jurisdiction.
   (10) A motor vehicle with a currently valid identification or
registration permit issued by another state.
  SEC. 17.  Section 38246 of the Vehicle Code is amended to read:
   38246.  (a) A penalty shall be added upon any application for
renewal of identification made on or after the day following the
expiration date, except as provided in Section 4605, 38121, or 38247.

   (b) If the fee specified in subdivision (a) or (b) of Section
38255 is not paid within 10 days after the fee becomes delinquent, a
penalty shall be assessed.
   (c) If renewal fee penalties have not accrued and the ownership of
the vehicle is transferred, the transferee has 20 days from the date
of transfer to pay the identification fees that become due without
payment of any penalties that would otherwise be required under
subdivision (a) or to file a certificate of nonoperation pursuant to
subdivision (a) of Section 38121, if the vehicle will not be
operated, used, or transported on public property or private property
in a manner so as to subject the vehicle to identification during
the subsequent identification period without first making application
for identification of the vehicle, including full payment of all
fees.
   (d) Except as otherwise provided in this section, if any fee is
not paid within 20 days after the fee becomes delinquent, a penalty
shall be assessed.
  SEC. 18.  Section 40802 of the Vehicle Code is amended to read:
   40802.  (a) A "speed trap" is either of the following:
   (1) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
   (2) A particular section of a highway with a prima facie speed
limit that is provided by this code or by local ordinance under
subparagraph (A) of paragraph (2) of subdivision (a) of Section
22352, or established under Section 22354, 22357, 22358, or 22358.3,
if that prima facie speed limit is not justified by an engineering
and traffic survey conducted within five years prior to the date of
the alleged violation, and enforcement of the speed limit involves
the use of radar or any other electronic device that measures the
speed of moving objects.  This paragraph does not apply to a local
street, road, or school zone.
   (b) (1) For purposes of this section, a local street or road is
defined by the latest functional usage and federal-aid system maps
submitted to the federal Highway Administration, except that when
these maps have not been submitted, or when the street or road is not
shown on the maps, a "local street or road" means a street or road
that primarily provides access to abutting residential property and
meets the following three conditions:
   (A) Roadway width of not more than 40 feet.
   (B) Not more than one-half of a mile of uninterrupted length.
Interruptions shall include official traffic control signals as
defined in Section 445.
   (C) Not more than one traffic lane in each direction.
   (2) For purposes of this section "school zone" means that area of
road contiguous to a school building or the grounds thereof, and on
which is posted a standard "SCHOOL" warning sign, while children are
going to or leaving the school either during school hours or during
the noon recess period.
   (c) (1) When all of the following criteria are met, paragraph (2)
of this subdivision shall be applicable and subdivision (a) shall not
be applicable:
   (A) When radar is used, the arresting officer has successfully
completed a radar operator course of not less than 24 hours on the
use of police traffic radar, and the course was approved and
certified by the Commission on Peace Officer Standards and Training.

   (B) When laser or any other electronic device is used to measure
the speed of moving objects, the arresting officer has successfully
completed the training required in subparagraph (A) and an additional
training course of not less than two hours approved and certified by
the Commission on Peace Officer Standards and Training.
   (C) (i) The prosecution proved that the arresting officer complied
with subparagraphs (A) and (B) and that an engineering and traffic
survey has been conducted in accordance with subparagraph (B) of
paragraph (2).  The prosecution proved that, prior to the officer
issuing the notice to appear, the arresting officer established that
the radar, laser, or other electronic device conformed to the
requirements of subparagraph (D).
   (ii) The prosecution proved the speed of the accused was unsafe
for the conditions present at the time of alleged violation unless
the citation was for a violation of Section 22349, 22356, or 22406.
   (D) The radar, laser, or other electronic device used to measure
the speed of the accused meets or exceeds the minimal operational
standards of the National Traffic Highway Safety Administration, and
has been calibrated within the three years prior to the date of the
alleged violation by an independent certified laser or radar repair
and testing or calibration facility.
   (2) A "speed trap" is either of the following:
   (A) A particular section of a highway measured as to distance and
with boundaries marked, designated, or otherwise determined in order
that the speed of a vehicle may be calculated by securing the time it
takes the vehicle to travel the known distance.
   (B) (i) A particular section of a highway or state highway with a
prima facie speed limit that is provided by this code or by local
ordinance under subparagraph (A) of paragraph (2) of subdivision (a)
of Section 22352, or established under Section 22354, 22357, 22358,
or 22358.3, if that prima facie speed limit is not justified by an
engineering and traffic survey conducted within one of the following
time periods, prior to the date of the alleged violation, and
enforcement of the speed limit involves the use of radar or any other
electronic device that measures the speed of moving objects:
   (I) Except as specified in subclause (II), seven years.
   (II) If an engineering and traffic survey was conducted more than
seven years prior to the date of the alleged violation, and a
registered engineer evaluates the section of the highway and
determines that no significant changes in roadway or traffic
conditions have occurred, including, but not limited to, changes in
adjoining property or land use, roadway width, or traffic volume, 10
years.
   (ii) This subparagraph does not apply to a local street, road, or
school zone.
  SEC. 19.  Section 41501 of the Vehicle Code is amended to read:
   41501.  The court may order a continuance of a proceeding against
a person, who receives a notice to appear in court for a violation of
any statute relating to the safe operation of a vehicle, in
consideration for attendance at a licensed school for traffic
violators, a licensed driving school, or any other court-approved
program of driving instruction, and, after that attendance, the court
may dismiss the complaint under the following conditions:
   (a) If the offense is alleged to have been committed within 12
months of another offense that was dismissed under this section, the
court may order the continuance and, after the attendance, dismiss
the complaint.  The court may order attendance at a licensed school
for traffic violators that offers a program of at least 12 hours of
instruction.
   (b) If the offense is not alleged to have occurred within 18
months of another offense that was dismissed under this section, the
court may order the continuance and, after the attendance, dismiss
the complaint if the attendance is at any of the types of schools or
programs that the court directed pursuant to Section 42005 at the
time of ordering the continuance.
  SEC. 20.  Section 15.5 of this bill incorporates amendments to
Section 34601 of the Vehicle Code proposed by both this bill and
Assembly Bill 1658.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2000, (2)
each bill amends Section 34601 of the Vehicle Code, and (3) this bill
is enacted after Assembly Bill 1658, in which case Section 15 of
this bill shall not become operative.
